Appellate Division: Second Judicial Department

M93016

S/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-11078 In the Matter of Judy F. Phillips, appellant, v Beryl N. Johnson, et al., respondents. (Proceeding No. 1) In the Matter of Longford Thomas, petitioner- respondent, v Beryl N. Johnson, respondent, Judy F. Phillips, appellant. (Proceeding No. 2) (Docket Nos. V-05687-07, V-4816-08)

ORDER TO SHOW CAUSE

Appeal by Judy F. Phillips from a corrected modified order of the Family Court, Nassau County, dated December 4, 2008. By decision and order on motion dated July 27, 2009, the matter was remitted to the Family Court, Nassau County, for a reconstruction hearing with respect to the minutes of the proceedings which occurred on May 5, 2008, and the branch of her motion which was to enlarge time to perfect the appeal was held in abeyance in the interim. By order dated September 23, 2009, the Family Court, Nassau County, dismissed the reconstruction hearing on the ground that the appellant failed to appear for the reconstruction hearing.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal based on the appellant's failure to appear for the reconstruction hearing by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 30, 2009; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of the order to show cause on the parties or their attorneys by regular mail.

SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court